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☆ Going After the Middleman
▼ + stars: | 2024-06-22 | by ( Lauren Hirsch | Sarah Kessler | ) www.nytimes.com time to read: +1 min

They’ve zeroed in on what may sound like a nerdy legal theory, but one that could have huge implications: the tyranny of the intermediary, middleman companies that abuse their role by squeezing out competition or creating artificially expensive moats. The Justice Department has already made one high-profile strike along these lines, suing to break up Ticketmaster and Live Nation. It is reportedly investigating at least two others. One is RealPage, a property management company that uses artificial intelligence to suggest prices and has already been sued by renters accusing it of facilitating a new type of collusion. The second is UnitedHealth Group, the health care conglomerate that owns a cobweb of businesses that include an insurer and another unit that employs about 10,000 physicians in the United States.

Persons: Lina Khan, Jonathan Kanter, They’ve Organizations: Biden, Federal Trade Commission, Ticketmaster, UnitedHealth Locations: United States

Musk’s mission to CannesAs advertising moguls traveled to southern France this week for the Cannes Lions festival — an annual rosé-filled celebration of their industry — the biggest guest was someone who had crudely told many of them to get lost. Elon Musk and his top lieutenant, Linda Yaccarino, were on hand to persuade brands to return to X in a bid to bolster their beleaguered ad business. A reminder: At the DealBook Summit, he lashed out at advertisers who had pulled back from X after he had endorsed an antisemitic conspiracy theory. of the ad giant WPP, asked Musk about the incident onstage on Wednesday, the X owner responded that he wasn’t referring to all advertisers. “Advertisers have a right to appear next to content that they find compatible with their brands,” Musk said.

Persons: Elon Musk, Linda Yaccarino, Musk, Mark Read, ” Musk Organizations: Cannes, Cannes Lions, WPP Locations: France

Stormy weatherBoeing’s boss, Dave Calhoun, will testify before a Senate panel on Tuesday, as yet another whistle-blower has come forward, alleging the planemaker was negligent in tracking hundreds of faulty parts. Calhoun will step down by December, but that hasn’t stopped lawmakers, investors and customers from hammering the company. Now, Boeing is reportedly struggling to find a successor, highlighting the scale of the challenge to fix an iconic American company. Calhoun will say that the culture is still “far from perfect.” He will be grilled on a range of issues hanging over the company, from multiple whistle-blower accusations to the events leading up to the midair blowout of a door plug on an Alaska Airlines 737 Max 9 jet in January.

Persons: Dave Calhoun, Calhoun, hasn’t Organizations: Boeing, Alaska Airlines, Max

A call to arms to rethink social mediaJust in: The U.S. surgeon general, Vivek Murthy, called for a warning label for social media platforms in a Times Guest Essay, advising parents that the technology may be helping fuel a mental health crisis among adolescents. It’s the latest effort by regulators to impose restrictions on social networks — particularly over their effects on children and teens — and is a reminder of the increasing scrutiny of global tech giants. In his guest essay, Murthy writes that the issue has become an emergency:Why is it that we have failed to respond to the harms of social media when they are no less urgent or widespread than those posed by unsafe cars, planes or food? Scrutiny of social media’s effects on teenagers has grown in recent years. The social psychologist Jonathan Haidt describes the 2007 release of the iPhone as an inflection point, with suicidal behavior and reports of despair among adolescents rising sharply since.

Persons: Vivek Murthy, —, Murthy, Jonathan Haidt Locations: The U.S, U.S

Shareholders in Tesla voted in favor of his two big asks, reaffirming a multibillion-dollar compensation package that a Delaware judge had nullified and approving the company’s reincorporation in Texas. “I think we’re not just opening a new chapter for Tesla, we’re starting a new book,” a jubilant Musk told shareholders at the company’s annual meeting. The vote doesn’t end Tesla and Musk’s legal fights in Delaware, including over the compensation plan. About 84 percent of votes cast, excluding the Musks’ shares, backed the reincorporation proposal. DealBook hears that Tesla succeeded in getting retail investors, who were overwhelmingly supportive of Musk, to vote in far greater numbers than they usually do.

Persons: Elon Musk, “, Tesla, ”, Musk, ” Musk, aren’t, Kimbal Organizations: Tesla, Wall Street, Vanguard, BlackRock Locations: Delaware, Texas

The markets and Fed diverge againThe bull market rally is continuing to run on Thursday. The S&P 500 is poised to set yet another record, as investors see inflation in retreat — even if Fed policymakers don’t quite see it that way. The gulf between investors and the central bank is widening again. That makes the Fed more hawkish than other central banks, especially those in Europe, that are expected to trim borrowing costs several times this year. He reiterated that inflation remained above the central bank’s 2 percent target and that U.S. households’ spending power had diminished over the past two years.

Persons: Jay Powell, ” Organizations: Fed Locations: Europe

A.I., the Apple wayAfter months of anticipation, Apple finally introduced its plan to infuse its products with artificial intelligence: Meet Apple Intelligence, which weaves the technology into core features of iPhones, iPads and Macs. But while the tech giant announced a slew of new features, the announcement reflected a very Apple-like cautious approach to A.I. Yes, the company will add OpenAI’s ChatGPT to Siri — but it’s leaving the door open for adding other chatbots. It all suggests that Apple is hedging its bets (or is simply behind its rivals), while slowly ramping up what A.I. iPhone users will be able to direct queries to the latest version of ChatGPT if Siri can’t handle them on its own.

Persons: Siri —, OpenAI, Siri can’t Organizations: Apple, Apple Intelligence, Worldwide

Apple tries to close the A.I. leaders, like Nvidia and Microsoft, have soared since OpenAI introduced ChatGPT in November 2022. Big Tech C.E.O.s have fallen over themselves to show they are in the race. But Apple hasn’t yet introduced a new A.I. (The New York Times has sued OpenAI and Microsoft over use of copyrighted articles related to A.I.

Persons: Apple, Tim Cook, Apple’s, OpenAI Organizations: Apple’s Worldwide, Apple, Nvidia, Microsoft, Big Tech, Wall Street Journal, New York Times Locations: China

☆ Don’t Say ‘Elite’: Corporate Firms’ New Pitch Is Meritocracy
▼ + stars: | 2024-06-10 | by ( Sarah Kessler | ) www.nytimes.com time to read: +1 min

If you ask a graduating M.B.A. student, a prep school guidance counselor or the internet how to be hired at the global consulting firm McKinsey, you’re likely to find a list of prestigious “target schools” where it has consistently aimed its recruiting efforts. You know the ones — Harvard, Yale, Stanford. But these days, McKinsey would prefer a different answer. “Exceptional can come from anywhere,” its career website says. “Elite” has never sat well with many American institutions, but the word has taken a particular beating in recent years.

Persons: you’re, “, Katy George, Mckinsey’s, Fortune, Donald J, Trump, ” Organizations: McKinsey, Harvard, Yale, Stanford, “, Ivy League Graduates

☆ Tesla Shareholders Will Vote on Elon Musk’s Big Payday. What Happens Then?
▼ + stars: | 2024-06-08 | by ( Michael J. De La Merced | Sarah Kessler | ) www.nytimes.com time to read: +1 min

After months of fighting over a pay package promised to Elon Musk six years ago — one that included stock grants now worth about $56 billion — matters are finally coming to a head. At Tesla’s annual meeting on Thursday, shareholders are set to vote on whether to reapprove the compensation deal after a Delaware judge voided it in January. The outcome could shift Musk’s relationship with the company, and Tesla officials aren’t taking any chances. Regardless of the vote’s outcome, further lawsuits and other battles may follow, some of which could test the corporate legal system. Here’s our guide to how different situations could play out.

Persons: Elon Musk, Tesla, ” Robyn Denholm Organizations: Elon Locations: Delaware

antitrust fight is comingNvidia has joined the $3 trillion valuation club as a blistering A.I. rally has turned it into the world’s second-most valuable company behind Microsoft. and Justice Department are set to proceed with antitrust investigations against the duo, and OpenAI, writes The Times’s David McCabe. is already looking into Microsoft, according to The Wall Street Journal, over how the company structured a deal with the start-up Inflection AI to avoid scrutiny. In March, Microsoft hired almost all of the start-up’s staff and agreed to pay around $650 million to license its technology.

Persons: David McCabe Organizations: Nvidia, Microsoft, Justice Department, Wall Street

Thursday is a big day for the European Central Bank. It is widely expected to lower interest rates by a quarter percentage point, its first cut since 2019 — and outpace the Fed in lowering borrowing costs. The big questions on our mind: Will Christine Lagarde, the central bank’s president, signal further cuts at its July and September meetings? The good news: Economists say the era of elevated rates around the world is coming to an end. But they add that sticky inflation will tie central bankers’ hands, limiting their ability to lower borrowing costs much.

Persons: Will Christine Lagarde, Holger Schmieding, DealBook Organizations: European Central Bank, Berenberg Bank Locations: Brussels

Betting on AckmanBill Ackman has gained new prominence in recent months for his outspoken presence on social media. But he has also made riches for his investors and himself — and now others are hoping he’ll continue to do so. His Pershing Square Capital Management has sold a 10 percent stake for just over $1 billion to an array of outside investors, giving the hedge fund a lofty valuation. The question is whether Ackman’s newfound fans on social media will follow him as he grows his empire, including through a new listed fund and, eventually, an I.P.O. That has bolstered Ackman’s paper worth to $8 billion, Bloomberg calculates, making him 333rd among the world’s wealthiest people.

Persons: Bill Ackman, —, he’ll, BTG, Marc Lasry, Doug Hirsch Organizations: Pershing, Capital Management, Arch Capital, Iconiq Investment Management, Bloomberg

MicroStrategy and its founder settle tax case for $40 millionThe attorney general for the District of Columbia has reached a $40 million settlement with the billionaire Bitcoin investor Michael Saylor and MicroStrategy, the software company he founded, over tax fraud, DealBook’s Lauren Hirsch is first to report. Officials say the agreement is the biggest-ever income tax fraud recovery in the district. The lawsuit accused Saylor of evading more than $25 million in income taxes. The attorney general sued the tech executive and MicroStrategy in 2022, saying he enlisted the company’s help to file fraudulent tax forms from 2005 through 2020. The lawsuit said Saylor and the company claimed that he lived in Virginia or Florida, states with significantly lower income tax rates.

Persons: Michael Saylor, DealBook’s Lauren Hirsch, Saylor Organizations: District of Columbia Locations: It’s, Virginia, Florida

The president of McDonald’s USA, Joe Erlinger, pushed back on “inaccurate” reports this week that said the chain had more than doubled its prices on some items over the last decade. But his retort wasn’t exactly reassuring: The average price of a Big Mac is up 21 percent from 2019. Erlinger’s rebuttal underlines the heat that some companies are facing as the news media, politicians and consumers focus on steadily rising prices. Whether persistent price increases reflect price gouging, or simply companies’ own rising costs, is a matter of fierce debate. Either way, one thing is clear: Consumers are becoming fed up.

Persons: Joe Erlinger, McDonald’s, Chris Kempczinski Organizations: McDonald’s, Starbucks, Target, Yum Brands, KFC, Consumer Locations: McDonald’s USA, Pizza

Instead, Wall Street and Silicon Valley money is flowing into his re-election campaign following the ruling. “This verdict will have less than zero impact on my support,” Omeed Malik, the president of 1789 Capital and a co-host of a Trump fund-raiser last night at the Pierre hotel, told Bloomberg. “I haven’t heard anybody who gives a …,” he told CNBC of the conviction, using an expletive. Some big Silicon Valley names are doubling down. One who did is Shaun Maguire, a partner at Sequoia Capital, who gave $300,000 to the Trump campaign after the ruling, even though he acknowledged the decision could cost him friends and hurt business.

Persons: Donald Trump, ” Omeed Malik, Andy Sabin, ”, Biden, Bill Ackman, Trump, David Sacks, Shaun Maguire Organizations: Republican, Pierre, Bloomberg, CNBC, Trump, Sequoia Capital Locations: Silicon, San Francisco

Trump and Musk’s growing courtshipFor much of President Biden’s time in the White House, his relations with Elon Musk have been tense. They may be about to plunge to a new low after Biden’s re-election campaign hit out at reports that Donald Trump could make Musk an adviser if the Republican were to win in November. The president’s campaign sees mileage in targeting Trump’s ties to moguls. Musk and Trump met in March at the billionaire investor’s Palm Beach, Fla., estate, where the advisory role discussions took place. Peltz and Musk have also briefed Trump on a plan to invest in a project to prevent the possibility of voter fraud.

Persons: Trump, Biden’s, Elon Musk, Donald Trump, ” James Singer, DealBook, he’s, Musk, David Sacks, Peter Thiel, Steven Mnuchin, Rupert Murdoch, Nelson Peltz, hasn’t, Don Lemon, “ Let’s, ”, Biden, Tesla Organizations: Elon, Republican, Wall Street, Trump, Los Locations: Los Angeles, Palm Beach, Fla

Another mega oil dealBullish predictions for $100 crude oil may not have come to fruition, but that hasn’t stopped the deal frenzy in the fossil fuel sector. The latest: The Houston-based company ConocoPhillips has agreed to acquire its smaller rival, Marathon Oil, in an all-stock deal that values the company at $22.5 billion, including debt. The news comes a day after Hess shareholders approved Chevron’s $53 billion takeover in a contentious vote. The oil majors have pulled off some of the biggest deals in the past year despite tough regulatory scrutiny from the Biden administration and volatility in the oil market. Still, the U.S. giants are sitting on record profits, giving them the firepower to acquire smaller drillers with operations in the oil-rich Permian Basin and in the Gulf of Mexico.

Persons: hasn’t, Hess, Biden Organizations: ConocoPhillips, Marathon Oil Locations: Houston, U.S, Gulf of Mexico

Big Oil’s big climate showdownMonths of tensions between oil majors and activist investors could reach a boiling point at the annual meetings of Exxon Mobil and Chevron Wednesday, as the U.S. giants pump record levels of crude and sit on bumper profits. Activists’ efforts to pressure Big Oil to clean up its polluting ways are faltering. Last week, climate change protests rocked Shell’s annual meeting in London. Exxon could face an even fiercer battle this week — not only with the activist investors it is suing, but from powerful institutional investors as well. They include Norway’s huge sovereign wealth fund, and CalPERS, the California pension fund, both of which strongly oppose Exxon’s attempt to quiet some of its most vocal climate critics.

Persons: Vivienne Walt Organizations: Exxon Mobil, Chevron, DealBook, Exxon Locations: U.S, London, Dutch, Norway’s, California

Tim Cook has delivered at least seven commencement addresses since becoming the chief executive of Apple. The superstar Taylor Swift, whose concerts have been credited with lifting local economies, addressed New York University’s graduation ceremony in 2022. Bill Gates, Oprah Winfrey, Jamie Dimon — they’ve all given graduation speeches more than once. The appeal of being a commencement speaker, however, seems to be waning. Just three Fortune 50 chief executives appear to be commencement speakers this year, as colleges have faced campus protests over the war in Gaza, student arrests and wealthy alumni threatening to break ties with their alma maters over antisemitism.

Persons: Tim Cook, Taylor Swift, Bill Gates, Oprah Winfrey, Jamie Dimon —, They’re, ”, David Murray Organizations: Apple, Fortune, Professional Speechwriters Association Locations: New, Gaza

: That college sports association just agreed to a $2.8 billion class-action settlement that, if approved by a judge in California, would pay student athletes after a century of deeming them amateurs. and its member institutions allowing athletes to make money from sports programs that have made millions for their schools. Starting in the fall of 2025, schools could have about $20 million a year to pay their student athletes. payments, giving student athletes a big stream of revenue. And in March, the Dartmouth men’s basketball team voted to unionize, adding potentially more pressure on universities to pay athletes.

Persons: It’s Organizations: Dartmouth men’s Locations: California, Southeastern, Atlantic Coast ,

The Haley rationale for backing TrumpAfter months of speculation, Nikki Haley said — in her first appearance since dropping out of the Republican presidential primary — that she would vote for Donald Trump, the man against whom she waged a sometimes scathing campaign. But it may provide cover to prominent donors like Ken Griffin who in recent weeks has suggested that he might come in from the cold and donate to Trump. Deep-pocketed Republicans flocked to Haley during the primary. “I think she is just what we need right now,” Langone said on Fox News. “What Trump put this country through the last three months of his presidency was disgraceful.”But donors are rethinking their aversion to Trump, who handily beat Haley and other rivals and is now leading President Biden in some polls.

Persons: Haley, Nikki Haley, —, Donald Trump, Ken Griffin, Griffin, Paul Singer, Henry Kravis, Barry Sternlicht, Cliff Asness, Stanley Druckenmiller, Ken Langone, Reid Hoffman, wasn’t Trump, Nikki, ” Sternlicht, ” Langone, Trump, Biden, White, Israel Organizations: Trump, Republican, PAC, Elliott Management, KKR, Starwood Capital, AQR Capital Management, Democratic, LinkedIn, Times, Fox News Locations: Gaza

All eyes on NvidiaDespite concerns about stubbornly high inflation, elevated interest rates and ballooning U.S. debt, the S&P 500 is trading at a record on Wednesday, having soared 27 percent over the past year. Among the factors driving the rally, few are bigger than the boom in stocks tied to artificial intelligence — and the biggest of all of those is Nvidia. Investors have high hopes for Nvidia’s earnings on Wednesday. Expect a torrent of trading when the chip maker reports results for its fiscal first quarter after market close. A year ago, Nvidia’s stock jumped more than 24 percent after it posted knockout earnings.

Organizations: Nvidia, Investors

OpenAI’s Scarlett Johansson problemWhen OpenAI unveiled the latest version of ChatGPT last week, a chatbot that can listen to spoken questions and respond verbally, many users had one question: Is that Scarlett Johansson? It’s another sign of eroding trust in OpenAI, which has taken fire from creative industries and former employees. In her statement, Johansson shed more light on the matter:Last September, I received an offer from Sam Altman, who wanted to hire me to voice the current ChatGPT 4.0 system. Altman tried again two days before the ChatGPT product announcement, she added, but released the service before they could connect. Johansson — no stranger to waging war against big companies — suggested that she was ready to take legal action.

Persons: OpenAI’s Scarlett Johansson, OpenAI, Scarlett Johansson, ”, OpenAI —, ” Johansson, Sam Altman, Mira Murati, Johansson, Altman, Johansson —, — Locations: OpenAI

OpenAI’s fear factorThe tech world’s collective eyebrows rose last week when Ilya Sutskever, the OpenAI co-founder who briefly led a rebellion against Sam Altman, resigned as chief scientist. “Safety culture and processes have taken a backseat to shiny products,” Jan Leike, who resigned from OpenAI last week, wrote on the social network X. Along with Sutskever, Leike oversaw the company’s so-called superalignment team, which was tasked with making sure products didn’t become a threat to humanity. Sutskever said in his departing note that he was confident OpenAI would build artificial general intelligence — A.I. Leike spoke for many safety-first OpenAI employees, according to Vox.

Persons: Ilya Sutskever, Sam Altman, hadn’t, ” Jan Leike, Sutskever, Leike, —, Vox, Daniel Kokotajlo, Altman Organizations: OpenAI, C.E.O

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